Some Preliminary Thoughts on the Kavanaugh Nomination [Updated with additional material]
Judge Kavanaugh is a highly qualified jurist. I applaud several aspects of his record, while having reservations about others.
Volokh Conspiracy
Justice Kavanaugh (Updated)
Initial thoughts on the nomination of Brett Kavanaugh to the Supreme Court
Judge Kavanaugh and the Second Amendment
The text, history, and tradition methodology applied to D.C.'s unusually restrictive gun laws.
The Mythical History of Nomination Filibusters
A history lesson for Chris Matthews and others who claim there was a tradition of requiring 60 votes for confirmation.
The Trump Administration Should Conduct a "Disparate Impact Inventory"
Scalia thought the question of disparate impact liability's constitutionality was a difficult one that sooner or later would need to be addressed. The Trump Administration needs to take it seriously.
Is Membership in a Conservation Organization Proof of Criminal Intent to Harm Cattle?
Prosecutors in southern Utah have argued that they can prove that the closing of a corral gate was the crime of attempted wanton destruction of livestock by pointing to a defendant's membership in a conservation organization. Today I argue to the Utah Court of Appeals that it should review the First Amendment implications of the prosecutors' maneuver.
8 Reasons Why Obergefell Won't Be Overturned
Justice Kennedy's decision forcing states to recognize same-sex marriage is not at risk
The Stare Decisis Court?
The Roberts Court has overturned precedents at a lower rate than its predecessors. Will this soon change?
The Hereditary Aristocracy of Citizenship
We pride ourselves on having abolished the hereditary privileges once associated with aristocracy. But our citizenship system replicates many of the same evils.
Closing in on the Next Supreme Court Justice (Updated)
President Trump will soon name his second pick to the Supreme Court
Short Circuit: A roundup of recent federal court decisions
Objector blackmail, John Doe summonses, and inappropriate commentary from the bench.
When Does a Carpenter Search Start – and When Does It Stop?
I don't have answers, but I have a lot of questions.
Marquette University "Breached Its Contract with Dr. McAdams When It Suspended Him for Engaging in Activity Protected by the Contract's Guarantee of Academic Freedom"
So holds this morning's important Wisconsin Supreme Court decision, by a 4-2 vote.
Federal Court Rules Against Trump Administration on Most Issues in California "Sanctuary State" Case
The ruling is just the start of what may be a prolonged legal battle over immigration and federalism.
The Declaration of Independence and the Case for a Polity Based on Universal Principles
The Declaration of Independence makes the case for a political system based on universal principles of liberty and equality, not ethnic nationalism. Those principles are as relevant as ever in our troubled times.
What the Declaration of Independence Said and Meant
It formally identified the political theory of the United States: securing the individual rights of We the People
The Colorado Constitution and the eternal truths of the Declaration of Independence
The 1876 Colorado Constitution affirms and elucidates the principles of 1776.
Excessive Fines Clause and corporations
Amicus brief says that 8th Amendment's ban on "excessive fines" does not have a corporate loophole.
The Case Against Court-Packing Revisited
Current liberal court-packing proposals are dangerously misguided - and for much the same reasons as last year's conservative court-packing plan.
Building an international "potluck" cyber coalition?
Episode 224 of the Cyberlaw Podcast
Presidential electors can vote with discretion
Amicus brief explains that States cannot compel presidential electors to vote a certain way.
Qualified Immunity in State Constitutional Lawsuits
Iowa Supreme Court majority and dissenting opinions canvass the state of the law.
Short Circuit: A roundup of recent federal court decisions
A surfeit of text messages, a glut of voicemails, and a mass strip search of choir girls.
The Legality of the Mueller Appointment
Judge Ellis rejects Paul Manafort's attacks on the legitimacy of the Mueller Investigation. Steve Calabresi argues that, even if Mueller were an inferior officer, his appointment would still violate the Appointments Clause.
Oregon Supreme Court Adopts Use Restrictions on Nonresponsive Data for Computer Warrants
A ruling under the state constitution, but still really interesting.
A question for our nonoriginalist readers…
Do you really want President Trump to pick a nonoriginalist Justice?
Skidmore Deference for Agency Amicus Briefs?
Supreme Court denies cert in DuPont v. Smiley
Should Courts Defer to Agency Litigating Positions?
How much deference should amicus briefs and agency advocacy receive from the courts?
The Double Jeopardy Clause, and Federal Prosecutions After State Prosecutions
The Supreme Court has agreed to reconsider the "separate sovereigns" exception to the Double Jeopardy Clause -- and Justices Ginsburg and Thomas seem to both be on the defendant's side.
Which justice was the closest to Justice Kennedy?
This term, it was Roberts; #2 was Gorsuch
Supreme Court Trying Again on the First Amendment Retaliatory Arrest Question
The question that the Court didn't resolve in Lozman v. Riviera-Beach is back, in another case on which the Supreme Court just granted review.
When Does Speech About Crimes Become a Crime?: Podcast
A conversation with Eugene Volokh about what's legal to publish and why-plus doxxing, lock picking, source protection, and more.
Chelsea Manning Loses Wikileaks First Amendment Appeal
"[A] soldier who willfully communicates information relating to the national defense 'is not entitled to invoke the First Amendment as a shield to immunize his act of thievery.'"
Short Circuit: A roundup of recent federal court decisions
Cell extractions, teeth extractions, and Mind Your Business.
Minister Has Sex with Married Parishioner—Can Church Be Liable for Saying the Parishioner Committed Adultery?
No, says the Iowa Supreme Court, rejecting the claim that such statements (labeled "counterculture practices" by the plaintiffs) were libelous or negligent.
Liberty Comes to Liberty High School—"Trump Border Wall" T-Shirt Allowed
But it took a federal court order.
Will "Making a Murderer" Make Its Way to the Supreme Court?
What are the chances the justices will consider Brendan Dassey's cert petition cert worthy?
When Life Gives You a Venezuelan Judgment in Bolivars ….
... enforce it in the U.S. using the official bolivar-dollar exchange rate -- but you can't, at least in New York.
With "Friends" Like These…
"When a person voluntarily accepts a 'friend' request on Facebook from an undercover police officer, and then exposes incriminating evidence...the Fourth Amendment [does not] protect against this mistaken trust."
Collins v. Virginia and "the Conception Defining the Curtilage"
A familiar idea "easily understood from our daily experience" -- or is it?
Divided Sixth Circuit Panel Rejects Legal Challenge to "In God We Trust"
Judges split on whether printing "In God We Trust" on currency imposes a substantial burden under the Religious Freedom Restoration Act.
